House Study Bill 700



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            STATE GOVERNMENT BILL BY
                                            CHAIRPERSON ELGIN)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing statewide licensure of electricians and
  2    installers, providing for inspections, establishing fees, and
  3    providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5777HC 81
  6 rn/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  103.1  DEFINITIONS.
  1  2    As used in this chapter, unless the context otherwise
  1  3 requires:
  1  4    1.  "Apprentice electrician" means any person who as such
  1  5 person's principal occupation is engaged in learning and
  1  6 assisting in the installation, alteration, and repair of
  1  7 electrical wiring, apparatus, and equipment as an employee of
  1  8 a person licensed under this chapter, and who is licensed by
  1  9 the board and is progressing toward completion of an
  1 10 apprenticeship training program registered by the bureau of
  1 11 apprenticeship and training of the United States department of
  1 12 labor.  For purposes of this chapter, persons who are not
  1 13 engaged in the installation, alteration, or repair of
  1 14 electrical wiring, apparatus, and equipment, either inside or
  1 15 outside buildings, shall not be considered apprentice
  1 16 electricians.
  1 17    2.  "Board" means the electrical examining board created
  1 18 under section 103.2.
  1 19    3.  "Class A journeyman electrician" means a person having
  1 20 the necessary qualifications, training, experience, and
  1 21 technical knowledge to wire for or install electrical wiring,
  1 22 apparatus, and equipment and to supervise apprentice
  1 23 electricians and who is licensed by the board.
  1 24    4.  "Class A master electrician" means a person having the
  1 25 necessary qualifications, training, experience, and technical
  1 26 knowledge to properly plan, lay out, and supervise the
  1 27 installation of electrical wiring, apparatus, and equipment
  1 28 for light, heat, power, and other purposes and who is licensed
  1 29 by the board.
  1 30    5.  "Class B journeyman electrician" means a person having
  1 31 the necessary qualifications, training, experience, and
  1 32 technical knowledge to wire for or install electrical wiring,
  1 33 apparatus, and equipment who meets and is subject to the
  1 34 restrictions of section 103.12.
  1 35    6.  "Class B master electrician" means a person having the
  2  1 necessary qualifications, training, experience, and technical
  2  2 knowledge to properly plan, lay out, and supervise the
  2  3 installation of electrical wiring, apparatus, and equipment
  2  4 who meets and is subject to the restrictions of section
  2  5 103.10.
  2  6    7.  "Commercial installation" means an installation
  2  7 intended for commerce, but does not include a residential
  2  8 installation.
  2  9    8.  "Electrical contractor" means a person who is licensed
  2 10 by the board as either a class A or class B master electrician
  2 11 and who is also registered with the state of Iowa as a
  2 12 contractor.
  2 13    9.  "Industrial installation" means an installation
  2 14 intended for use in the manufacture or processing of products
  2 15 involving systematic labor or habitual employment and includes
  2 16 installations in which agricultural or other products are
  2 17 habitually or customarily processed or stored for others,
  2 18 either by buying or reselling on a fee basis.
  2 19    10.  "Inspector" means a person certified as an electrical
  2 20 inspector upon such reasonable conditions as may be adopted by
  2 21 the board.  The board may permit more than one class of
  2 22 electrical inspector.
  2 23    11.  "Life safety installer" means a person who is
  2 24 certified at level two or higher by the national institute for
  2 25 certification in engineering technology, who is qualified to
  2 26 oversee the installation of life safety systems, including
  2 27 fire alarm, security, and nurse call systems, and who is
  2 28 licensed by the board.
  2 29    12.  "New electrical installation" means the installation
  2 30 of electrical wiring, apparatus, and equipment for light,
  2 31 heat, power, and other purposes.
  2 32    13.  "Public use building or facility" means any building
  2 33 or facility designated for public use, including all property
  2 34 owned and occupied or designated for use by the state of Iowa.
  2 35    14.  "Residential installation" means an installation
  3  1 intended for a single=family or two=family residential
  3  2 dwelling or a multifamily residential dwelling not larger than
  3  3 a four=family dwelling.
  3  4    15.  "Routine maintenance" means the repair or replacement
  3  5 of existing electrical apparatus or equipment of the same size
  3  6 and type for which no changes in wiring are made.
  3  7    16.  "Special electrician" means a person having the
  3  8 necessary qualifications, training, and experience in wiring
  3  9 or installing special classes of electrical wiring, apparatus,
  3 10 equipment, or installations which shall include irrigation
  3 11 system wiring, well pump wiring, air conditioning and
  3 12 refrigeration installation, and sign installation and who is
  3 13 licensed by the board.
  3 14    17.  "Unclassified person" means any person, other than an
  3 15 apprentice electrician or other person licensed under this
  3 16 chapter, who, as such person's principal occupation, is
  3 17 engaged in learning and assisting in the installation,
  3 18 alteration, and repair of electrical wiring, apparatus, and
  3 19 equipment as an employee of a person licensed under this
  3 20 chapter, and who is licensed by the board as an unclassified
  3 21 person.  For purposes of this chapter, persons who are not
  3 22 engaged in the installation, alteration, or repair of
  3 23 electrical wiring, apparatus, and equipment, either inside or
  3 24 outside buildings, shall not be considered unclassified
  3 25 persons.
  3 26    Sec. 2.  NEW SECTION.  103.2  ELECTRICAL EXAMINING BOARD
  3 27 CREATED.
  3 28    1.  An electrical examining board is created within the
  3 29 division of state fire marshal of the department of public
  3 30 safety.  The board shall consist of ten members, seven voting
  3 31 and three nonvoting, appointed by the governor and subject to
  3 32 senate confirmation, all of whom shall be residents of this
  3 33 state.
  3 34    2.  The voting members shall be as follows:
  3 35    a.  Two members shall be journeyman electricians, one a
  4  1 member of an electrical workers union covered under a
  4  2 collective bargaining agreement and one not a member of a
  4  3 union.
  4  4    b.  Two members shall be master electricians or electrical
  4  5 contractors, one of whom is a contractor signed to a
  4  6 collective bargaining agreement or a master electrician
  4  7 covered under a collective bargaining agreement and one of
  4  8 whom is a nonunion contractor or a master electrician who is
  4  9 not a member of a union.
  4 10    c.  One member shall be an electrical inspector.
  4 11    d.  Two members, one a union member covered under a
  4 12 collective bargaining agreement and one a nonunion member,
  4 13 shall not be a member of any of the aforementioned groups and
  4 14 shall represent the general public.
  4 15    3.  The nonvoting members shall be as follows:
  4 16    a.  One member shall be the state fire marshal or a
  4 17 representative of the state fire marshal's office.
  4 18    b.  One member shall be a local building official employed
  4 19 by a political subdivision to perform electrical inspections
  4 20 for that political subdivision.
  4 21    c.  One member shall represent a public utility.
  4 22    4.  The public members of the board shall be allowed to
  4 23 participate in administrative, clerical, or ministerial
  4 24 functions incident to giving a licensure examination, but
  4 25 shall not determine the content of the examination or
  4 26 determine the correctness of the answers.  Professional
  4 27 associations or societies composed of licensed electricians
  4 28 may recommend to the governor the names of potential board
  4 29 members whose profession is representative of that association
  4 30 or society.  However, the governor is not bound by the
  4 31 recommendations.  A board member shall not be required to be a
  4 32 member of any professional electrician association or society.
  4 33    Sec. 3.  NEW SECTION.  103.3  TERMS OF OFFICE == EXPENSES
  4 34 == COUNSEL.
  4 35    1.  Appointments to the board, other than the state fire
  5  1 marshal or a representative of the state fire marshal's
  5  2 office, shall be for three=year terms and shall commence and
  5  3 end as provided by section 69.19.  The state fire marshal, or
  5  4 a representative of the state fire marshal's office, shall be
  5  5 permanently appointed to the board.  Vacancies shall be filled
  5  6 for the unexpired term by appointment of the governor and
  5  7 shall be subject to senate confirmation.  Members shall serve
  5  8 no more than three terms or nine years, whichever is least.
  5  9    2.  Members of the board are entitled to receive all actual
  5 10 expenses incurred in the discharge of their duties within the
  5 11 limits of funds appropriated to the board.  Each member of the
  5 12 board may also be eligible to receive compensation as provided
  5 13 in section 7E.6.
  5 14    3.  The board shall be entitled to the counsel and services
  5 15 of the attorney general.  The board may compel the attendance
  5 16 of witnesses, pay witness fees and mileage, take testimony and
  5 17 proofs, and administer oaths concerning any matter within its
  5 18 jurisdiction.
  5 19    Sec. 4.  NEW SECTION.  103.4  ORGANIZATION OF THE BOARD.
  5 20    The board shall elect annually from its members a
  5 21 chairperson and a vice chairperson, and shall hire and provide
  5 22 staff to assist the board in administering this chapter.  The
  5 23 board shall hold at least one meeting annually at the location
  5 24 of the board's principal office, and meetings shall be called
  5 25 at other times by the chairperson or four members of the
  5 26 board.  At any meeting of the board, a majority of members
  5 27 constitutes a quorum.
  5 28    Sec. 5.  NEW SECTION.  103.5  OFFICIAL SEAL == BYLAWS.
  5 29    The board shall adopt and have an official seal which shall
  5 30 be affixed to all certificates of licensure granted.
  5 31    Sec. 6.  NEW SECTION.  103.6  POWERS AND DUTIES.
  5 32    The board shall:
  5 33    1.  Adopt rules pursuant to chapter 17A and in doing so
  5 34 shall be governed by the minimum standards set forth in the
  5 35 most current publication of the national electrical code
  6  1 issued and adopted by the national fire protection
  6  2 association, and amendments to the code, which code and
  6  3 amendments shall be filed in the offices of the secretary of
  6  4 state and the board and shall be a public record.  The board
  6  5 shall adopt rules reflecting updates to the code and
  6  6 amendments to the code.  The board shall promulgate and adopt
  6  7 rules establishing wiring standards that protect public safety
  6  8 and health and property and that apply to all electrical
  6  9 wiring which is installed subject to this chapter.
  6 10    2.  Revoke, suspend, or refuse to renew any license granted
  6 11 pursuant to this chapter when the licensee:
  6 12    a.  Fails or refuses to pay any examination, license, or
  6 13 renewal fee required by law.
  6 14    b.  Is an electrical contractor and fails or refuses to
  6 15 provide and keep in force a public liability insurance policy
  6 16 as required by the board.
  6 17    c.  Violates any political subdivision's approved
  6 18 inspection ordinances.
  6 19    The board may, in its discretion, revoke, suspend, or
  6 20 refuse to renew any license granted pursuant to this chapter
  6 21 when the licensee violates any provision of the national
  6 22 electrical code as adopted pursuant to subsection 1, this
  6 23 chapter, or any rule adopted pursuant to this chapter.
  6 24    3.  Order disconnection of power to any electrical
  6 25 installation that is proximately dangerous to health or
  6 26 property.
  6 27    4.  Order removal of electrical wiring, apparatus, or
  6 28 equipment from premises when such wiring, apparatus, or
  6 29 equipment is proximately dangerous to health or property.
  6 30    5.  Investigate, for the purpose of identifying dangerous
  6 31 electrical wiring or violations of the national electrical
  6 32 code as adopted pursuant to subsection 1, any death by
  6 33 electrocution that occurs within the state.
  6 34    6.  Adopt rules for continuing education requirements for
  6 35 each classification of licensure established pursuant to this
  7  1 chapter, and adopt all rules, not inconsistent with the law,
  7  2 necessary for the proper performance of the duties of the
  7  3 board.
  7  4    7.  Provide for the amount and collection of fees for
  7  5 inspection and other services.
  7  6    8.  Enforce the provisions of the national electrical code
  7  7 as adopted pursuant to subsection 1.
  7  8    Sec. 7.  NEW SECTION.  103.7  ELECTRICIAN AND INSTALLER
  7  9 LICENSING AND INSPECTION FUND.
  7 10    An electrician and installer licensing and inspection fund
  7 11 is created in the state treasury as a separate fund under the
  7 12 control of the board.  All licensing, examination, renewal,
  7 13 and inspection fees shall be deposited into the fund and
  7 14 retained by and for the use of the board.  Expenditures from
  7 15 the fund shall be approved by the sole authority of the board.
  7 16 Amounts deposited into the fund shall be considered repayment
  7 17 receipts as defined in section 8.2.  Notwithstanding section
  7 18 8.33, any balance in the fund on June 30 of each fiscal year
  7 19 shall not revert to the general fund of the state, but shall
  7 20 remain available for the purposes of this chapter in
  7 21 subsequent fiscal years.  Notwithstanding section 12C.7,
  7 22 subsection 2, interest or earnings on moneys deposited in the
  7 23 fund shall be credited to the fund.
  7 24    Sec. 8.  NEW SECTION.  103.8  PLAN, LAY OUT, OR SUPERVISE
  7 25 CERTAIN ACTIVITIES == LICENSE REQUIRED == EXCEPTIONS.
  7 26    Except as provided in sections 103.13 and 103.14, no person
  7 27 shall, for another, plan, lay out, or supervise the
  7 28 installation of wiring, apparatus, or equipment for electrical
  7 29 light, heat, power, and other purposes unless the person is
  7 30 licensed by the board as an electrical contractor, a class A
  7 31 master electrician, or a class B master electrician.
  7 32    Sec. 9.  NEW SECTION.  103.9  ELECTRICAL CONTRACTOR
  7 33 LICENSE.
  7 34    1.  An applicant for an electrical contractor license shall
  7 35 be a licensed class A or class B master electrician, and be
  8  1 registered with the state of Iowa as a contractor.
  8  2    2.  A contractor who holds a class B master electrician
  8  3 license shall be licensed subject to the restrictions of
  8  4 section 103.10.
  8  5    Sec. 10.  NEW SECTION.  103.10  CLASS A MASTER ELECTRICIAN
  8  6 LICENSE == QUALIFICATIONS == CLASS B MASTER ELECTRICIAN
  8  7 LICENSE.
  8  8    1.  An applicant for a class A master electrician license
  8  9 shall have at least one year's experience, acceptable to the
  8 10 board, as a licensed class A or class B journeyman
  8 11 electrician.
  8 12    2.  In addition, an applicant shall obtain a score of at
  8 13 least seventy=five percent on an examination prescribed and
  8 14 administered by the board based upon the most recent national
  8 15 electrical code adopted pursuant to section 103.6 and upon
  8 16 electrical theory.
  8 17    3.  a.  An applicant who can provide proof acceptable to
  8 18 the board that the applicant has been working in the
  8 19 electrical business and involved in planning for, laying out,
  8 20 supervising, and installing electrical wiring, apparatus, or
  8 21 equipment for light, heat, and power prior to 1990 may be
  8 22 granted a class B master electrician license without taking an
  8 23 examination.  An applicant who is issued a class B master
  8 24 electrician license pursuant to this section shall not be
  8 25 authorized to plan, lay out, or supervise the installation of
  8 26 electrical wiring, apparatus, and equipment in a political
  8 27 subdivision which, prior to or after the effective date of
  8 28 this section of this Act, establishes licensing standards
  8 29 which preclude such work by class B master electricians in the
  8 30 political subdivision.  The board shall adopt rules
  8 31 establishing procedures relating to the restriction of a class
  8 32 B master electrician license pursuant to this subsection.
  8 33    b.  A class B master electrician may become licensed as a
  8 34 class A master electrician upon successful passage of the
  8 35 examination prescribed in subsection 2.
  9  1    4.  A person licensed to plan, lay out, or supervise the
  9  2 installation of electrical wiring, apparatus, or equipment for
  9  3 light, heat, power, and other purposes and supervise
  9  4 apprentice electricians by a political subdivision preceding
  9  5 the effective date of this section of this Act pursuant to a
  9  6 supervised written examination, and who is currently engaged
  9  7 in the electrical contracting industry, shall be issued an
  9  8 applicable statewide license corresponding to that licensure
  9  9 as a class A master electrician or electrical contractor.  The
  9 10 board shall adopt by rule certain criteria for city
  9 11 examination standards satisfactory to fulfill this
  9 12 requirement.
  9 13    Sec. 11.  NEW SECTION.  103.11  WIRING OR INSTALLING ==
  9 14 SUPERVISING APPRENTICES LICENSE REQUIRED == QUALIFICATIONS.
  9 15    1.  Except as provided in section 103.13, no person shall,
  9 16 for another, wire for or install electrical wiring, apparatus,
  9 17 or equipment, or supervise an apprentice electrician or
  9 18 unclassified person, unless the person is licensed by the
  9 19 board as an electrical contractor, a class A master
  9 20 electrician, a class B master electrician, or a life safety
  9 21 installer, or is licensed as a class A journeyman electrician,
  9 22 a class B journeyman electrician, or a life safety installer
  9 23 and is employed by an electrical contactor, a class A master
  9 24 electrician, a class B master electrician, or a life safety
  9 25 installer.
  9 26    2.  For purposes of this section, the holder of a life
  9 27 safety installer license shall only supervise those
  9 28 apprentices engaged in the installation of fire alarm
  9 29 equipment and apparatus operating at fifty volts or less.
  9 30    Sec. 12.  NEW SECTION.  103.12  CLASS A JOURNEYMAN
  9 31 ELECTRICIAN LICENSE QUALIFICATIONS == CLASS B JOURNEYMAN
  9 32 ELECTRICIAN LICENSE.
  9 33    1.  An applicant for a class A journeyman electrician
  9 34 license shall have successfully completed an apprenticeship
  9 35 training program registered by the bureau of apprenticeship
 10  1 and training of the United States department of labor in
 10  2 accordance with the standards established by that department.
 10  3 An applicant may petition the board to receive a waiver of
 10  4 this requirement.  The board shall determine a level of on=
 10  5 the=job experience as an unclassified person sufficient to
 10  6 qualify for a waiver.
 10  7    2.  In addition, an applicant shall obtain a score of at
 10  8 least seventy=five percent on an examination prescribed and
 10  9 administered by the board based upon the most recent national
 10 10 electrical code adopted pursuant to section 103.6 and upon
 10 11 electrical theory.
 10 12    3.  a.  An applicant who can provide proof acceptable to
 10 13 the board that the applicant has been employed as a journeyman
 10 14 electrician since 1990 may be granted a class B journeyman
 10 15 electrician license without taking an examination.  An
 10 16 applicant who is issued a class B journeyman electrician
 10 17 license pursuant to this section shall not be authorized to
 10 18 wire for or install electrical wiring, apparatus, and
 10 19 equipment in a political subdivision which, prior to or after
 10 20 the effective date of this section of this Act, establishes
 10 21 licensing standards which preclude such work by class B
 10 22 journeyman electricians in the political subdivision.  The
 10 23 board shall adopt rules establishing procedures relating to
 10 24 the restriction of a class B journeyman electrician license
 10 25 pursuant to this subsection.
 10 26    b.  A class B journeyman electrician may become licensed as
 10 27 a class A journeyman electrician upon successful passage of
 10 28 the examination prescribed in subsection 2.
 10 29    4.  A person licensed to wire for or install electrical
 10 30 wiring, apparatus, or equipment or supervise an apprentice
 10 31 electrician by a political subdivision preceding the effective
 10 32 date of this section of this Act pursuant to a supervised
 10 33 written examination, and who is currently engaged in the
 10 34 electrical contracting industry with at least four years'
 10 35 experience, shall be issued an applicable statewide license
 11  1 corresponding to that licensure as a class A journeyman
 11  2 electrician or a class B journeyman electrician.  The board
 11  3 shall adopt by rule certain criteria for city examination
 11  4 standards satisfactory to fulfill this requirement.
 11  5    Sec. 13.  NEW SECTION.  103.13  SPECIAL ELECTRICIAN LICENSE
 11  6 == QUALIFICATIONS.
 11  7    The board shall by rule provide for the issuance of special
 11  8 electrician licenses authorizing the licensee to engage in a
 11  9 limited class or classes of electrical work, which class or
 11 10 classes shall be specified on the license.  Each licensee
 11 11 shall have experience, acceptable to the board, in each such
 11 12 limited class of work for which the person is licensed.
 11 13    Sec. 14.  NEW SECTION.  103.14  LIFE SAFETY INSTALLER
 11 14 LICENSE.
 11 15    1.  A person not otherwise licensed pursuant to this
 11 16 chapter shall not plan, lay out, or install electrical wiring,
 11 17 apparatus, and equipment for components of life safety
 11 18 systems.  A person authorized to plan, lay out, or install
 11 19 electrical wiring, apparatus, and equipment for components of
 11 20 life safety systems that operate at fifty volts or less by a
 11 21 political subdivision on the effective date of this section of
 11 22 this Act shall be issued an applicable statewide license
 11 23 corresponding to that authorization as a life safety
 11 24 installer.
 11 25    2.  On or after the effective date of this section of this
 11 26 Act, any person to be licensed as a life safety installer to
 11 27 plan, lay out, and install electrical wiring, apparatus, and
 11 28 equipment for components of life safety systems shall have at
 11 29 least two years' experience, acceptable to the board, in
 11 30 planning, laying out, and installing life safety systems.
 11 31    3.  In addition to the requirements of subsections 1 and 2,
 11 32 an applicant for a life safety installer license shall obtain
 11 33 a score of at least seventy=five percent on a level two or
 11 34 higher examination prescribed and administered by the board
 11 35 based on the most recent national institute for certification
 12  1 in engineering technology requirements.
 12  2    4.  A person licensed as a class A or class B master
 12  3 electrician, or a class A or class B journeyman electrician,
 12  4 who has not successfully passed the examination prescribed in
 12  5 subsection 3 shall be authorized to install electrical wiring,
 12  6 apparatus, and equipment for components of life safety systems
 12  7 if their work is approved by a person who is licensed as a
 12  8 life safety installer.
 12  9    Sec. 15.  NEW SECTION.  103.15  APPRENTICE ELECTRICIAN ==
 12 10 UNCLASSIFIED PERSON.
 12 11    1.  A person shall be licensed by the board and pay a
 12 12 licensing fee to work as an apprentice electrician while
 12 13 participating in an apprenticeship training program registered
 12 14 by the bureau of apprenticeship and training of the United
 12 15 States department of labor in accordance with the standards
 12 16 established by that department.  A person is eligible for
 12 17 licensure as an apprentice electrician for only one
 12 18 apprenticeship, which shall be limited to six years from the
 12 19 date of licensure, unless extended by the board upon a finding
 12 20 that a hardship existed which prevented completion of the
 12 21 apprenticeship program.  Such licensure shall entitle the
 12 22 licensee to act as an apprentice to an electrical contractor,
 12 23 a class A master electrician, a class B master electrician, a
 12 24 class A journeyman electrician, or a class B journeyman
 12 25 electrician as provided in subsection 3.
 12 26    2.  A person shall be licensed as an unclassified person by
 12 27 the board and pay a licensing fee to perform electrical work
 12 28 if the work is performed under the personal supervision of a
 12 29 person actually licensed to perform such work and the licensed
 12 30 and unclassified persons are employed by the same employer.
 12 31 After one hundred days of employment as a nonlicensed
 12 32 unclassified person, the unclassified person must receive a
 12 33 license from the board and pay the applicable license fee.
 12 34 Licensed persons shall not permit unclassified persons to
 12 35 perform electrical work except under the personal supervision
 13  1 of a person actually licensed to perform such work.
 13  2 Unclassified persons shall not supervise the performance of
 13  3 electrical work or make assignments of electrical work to
 13  4 unclassified persons.  Electrical contractors employing
 13  5 unclassified persons performing electrical work shall maintain
 13  6 records establishing compliance with this section, which shall
 13  7 designate all unclassified persons performing electrical work.
 13  8    3.  Apprentice electricians and unclassified persons shall
 13  9 do no electrical wiring except under the direct personal on=
 13 10 the=job supervision and control and in the immediate presence
 13 11 of a licensee pursuant to this chapter.  Such supervision
 13 12 shall include both on=the=job training and related classroom
 13 13 training as approved by the board.  The licensee may employ or
 13 14 supervise apprentice electricians and unclassified persons at
 13 15 a ratio not to exceed three apprentice electricians and
 13 16 unclassified persons to one licensee, except that such ratio
 13 17 and the other requirements of this section shall not apply to
 13 18 apprenticeship classroom training.
 13 19    4.  For purposes of this section, "the direct personal on=
 13 20 the=job supervision and control and in the immediate presence
 13 21 of a licensee" shall mean the licensee and the apprentice
 13 22 electrician or unclassified person shall be working at the
 13 23 same project location but shall not require that the licensee
 13 24 and apprentice electrician or unclassified person be within
 13 25 sight of one another at all times.
 13 26    5.  An apprentice electrician shall not install, alter, or
 13 27 repair electrical equipment except as provided in this
 13 28 section, and the licensee employing or supervising an
 13 29 apprentice electrician shall not authorize or permit such
 13 30 actions by the apprentice electrician.
 13 31    Sec. 16.  NEW SECTION.  103.16  LICENSE EXAMINATIONS.
 13 32    1.  Examinations for licensure shall be given as often as
 13 33 deemed necessary by the board, but no less than one time per
 13 34 month.  The scope of the examinations and the methods of
 13 35 procedure shall be prescribed by the board.  The examinations
 14  1 given by the board shall be the experior assessment
 14  2 examination, or a successor examination approved by the board,
 14  3 or an examination prepared by a third=party testing service
 14  4 which is substantially equivalent to the experior assessment
 14  5 examination, or a successor examination approved by the board.
 14  6    2.  An examination may be given by representatives of the
 14  7 board.  As soon as practicable after the close of each
 14  8 examination, a report shall be filed in the office of the
 14  9 secretary of the board by the board.  The report shall show
 14 10 the action of the board upon each application and the
 14 11 secretary of the board shall notify each applicant of the
 14 12 result of the applicant's examination.  Applicants who fail
 14 13 the examination once shall be allowed to take the examination
 14 14 at the next scheduled time.  Thereafter, the applicant shall
 14 15 be allowed to take the examination at the discretion of the
 14 16 board.  An applicant who has failed the examination may
 14 17 request, in writing, information from the board concerning the
 14 18 applicant's examination grade and subject areas or questions
 14 19 which the applicant failed to answer correctly, except that if
 14 20 the board administers a uniform, standardized examination, the
 14 21 board shall only be required to provide the examination grade
 14 22 and such other information concerning the applicant's
 14 23 examination results which are available to the board.
 14 24    Sec. 17.  NEW SECTION.  103.17  DISCLOSURE OF CONFIDENTIAL
 14 25 INFORMATION == CRIMINAL PENALTY.
 14 26    A member of the board shall not disclose information
 14 27 relating to the following:
 14 28    1.  Criminal history or prior misconduct of an applicant.
 14 29    2.  Information relating to the contents of an examination.
 14 30    3.  Information relating to examination results other than
 14 31 a final score except for information about the results of an
 14 32 examination given to the person who took the examination.
 14 33    A member of the board who willfully communicates or seeks
 14 34 to communicate such information, and any person who willfully
 14 35 requests, obtains, or seeks to obtain such information, is
 15  1 guilty of a simple misdemeanor.
 15  2    Sec. 18.  NEW SECTION.  103.18  LICENSE RENEWAL ==
 15  3 CONTINUING EDUCATION.
 15  4    In order to renew a license issued pursuant to this
 15  5 chapter, the licensee shall be required to complete eighteen
 15  6 contact hours of continuing education courses approved by the
 15  7 board during the three=year period for which a license is
 15  8 granted.  The contact hours shall include a minimum of six
 15  9 contact hours studying the national electrical code described
 15 10 in section 103.6, and the remaining contact hours may include
 15 11 study of electrical circuit theory, blueprint reading,
 15 12 transformer and motor theory, electrical circuits and devices,
 15 13 control systems, programmable controllers, and microcomputers
 15 14 or any other study of electrical=related material that is
 15 15 approved by the board.  Any additional hours studying the
 15 16 national electrical code shall be acceptable.  For purposes of
 15 17 this section, "contact hour" means fifty minutes of classroom
 15 18 attendance at an approved course under a qualified instructor
 15 19 approved by the board.
 15 20    Sec. 19.  NEW SECTION.  103.19  LICENSES == EXPIRATION ==
 15 21 APPLICATION == FEES.
 15 22    All licenses issued pursuant to this chapter shall expire
 15 23 every three years.  All license applications shall include the
 15 24 applicant's social security number.  The board shall establish
 15 25 the fees to be payable for examination and license issuance
 15 26 and renewal in amounts not to exceed the following:
 15 27    1.  For examinations:
 15 28    a.  Class A master electrician, one hundred twenty=five
 15 29 dollars.
 15 30    b.  Class A journeyman electrician, sixty dollars.
 15 31    c.  Life safety installer, sixty dollars.
 15 32    2.  For each year of the three=year license period for
 15 33 issuance and renewal:
 15 34    a.  Electrical contractor, one hundred twenty=five dollars.
 15 35    b.  Class A master electrician, class B master electrician,
 16  1 one hundred twenty=five dollars.
 16  2    c.  Class A journeyman electrician, class B journeyman
 16  3 electrician, life safety installer, or special electrician,
 16  4 twenty=five dollars.
 16  5    3.  For each year of the three=year license period for an
 16  6 apprentice electrician, and for an unclassified person, twenty
 16  7 dollars.
 16  8    The holder of an expired license may renew the license for
 16  9 a period of three months from the date of expiration upon
 16 10 payment of the license fee plus ten percent of the renewal fee
 16 11 for each month or portion thereof past the expiration date.
 16 12 All holders of licenses expired for more than three months
 16 13 shall apply for a new license.
 16 14    Sec. 20.  NEW SECTION.  103.20  DEATH OF LICENSEE ==
 16 15 REPRESENTATIVE TO CARRY ON BUSINESS == INSURANCE REQUIRED.
 16 16    Upon the death of an electrical contractor, a class A
 16 17 master electrician, a class B master electrician, or a life
 16 18 safety installer, the board may permit a representative to
 16 19 carry on the business of the decedent for a period not to
 16 20 exceed six months for the purpose of completing work under
 16 21 contract to comply with this chapter.  Such representative
 16 22 shall furnish all public liability and property damage
 16 23 insurance required by the board.
 16 24    Sec. 21.  NEW SECTION.  103.21  LICENSES WITHOUT
 16 25 EXAMINATION == RECIPROCITY WITH OTHER STATES.
 16 26    1.  To the extent that any other state which provides for
 16 27 the licensing of electricians provides for similar action, the
 16 28 board may grant licenses, without examination, of the same
 16 29 grade and class to an electrician who has been licensed by
 16 30 such other state for at least one year, upon payment by the
 16 31 applicant of the required fee, and upon the board being
 16 32 furnished with proof that the qualifications of the applicant
 16 33 are equal to the qualifications of holders of similar licenses
 16 34 in this state.
 16 35    2.  A temporary ninety=day license may be granted to a
 17  1 person licensed in another state, territory, or possession of
 17  2 the United States, or the District of Columbia, as prescribed
 17  3 by rule, provided that before practicing within this state the
 17  4 person shall have applied for temporary licensure and shall
 17  5 have paid the fee to be established by the board by rule.
 17  6    Sec. 22.  NEW SECTION.  103.22  CHAPTER INAPPLICABILITY.
 17  7    The provisions of this chapter shall not:
 17  8    1.  Apply to a person licensed as an engineer pursuant to
 17  9 chapter 542B or registered as an architect pursuant to chapter
 17 10 544A providing consultations and developing plans concerning
 17 11 electrical installations who is exclusively engaged in the
 17 12 practice of the person's profession.
 17 13    2.  Require employees of municipal corporations, electric
 17 14 membership or cooperative associations, public utility
 17 15 corporations, railroads, telecommunications companies, or
 17 16 commercial or industrial companies performing manufacturing,
 17 17 installation, and repair work for such employer to hold
 17 18 licenses while acting within the scope of their employment.
 17 19    3.  Require any person doing work for which a license would
 17 20 otherwise be required under this chapter to hold a license
 17 21 issued under this chapter if the person is the holder of a
 17 22 valid license issued by any political subdivision, so long as
 17 23 the person makes electrical installations only in the
 17 24 jurisdictional limits of such political subdivision and such
 17 25 license issued by the political subdivision meets the
 17 26 requirements of this chapter.
 17 27    4.  Apply to the installation, maintenance, repair, or
 17 28 alteration of vertical transportation or passenger conveyors,
 17 29 elevators, moving walks, dumbwaiters, stagelifts, manlifts, or
 17 30 appurtenances thereto beyond the terminals of the controllers.
 17 31 The licensing of elevator contractors or constructors shall
 17 32 not be considered a part of the licensing requirements of this
 17 33 chapter.
 17 34    5.  Require a license of any person who engages any
 17 35 electrical appliance where approved electrical outlets are
 18  1 already installed.
 18  2    6.  Prohibit an owner of property from performing work on
 18  3 the owner's principal residence, if such residence is not
 18  4 larger than a single=family dwelling, or farm property,
 18  5 excluding commercial or industrial installations or
 18  6 installations in public use buildings or facilities, or
 18  7 require such owner to be licensed under this chapter.
 18  8    7.  Require that any person be a member of a labor union in
 18  9 order to be licensed.
 18 10    Sec. 23.  NEW SECTION.  103.23  ELECTRICAL INSTALLATIONS ==
 18 11 SUBJECT TO INSPECTION.
 18 12    The inspection and enforcement provisions of this chapter
 18 13 shall apply to the following:
 18 14    1.  All new electrical installations for commercial or
 18 15 industrial applications, including installations both inside
 18 16 and outside of buildings, and for public use buildings and
 18 17 facilities and any installation at the request of the owner.
 18 18    2.  All new electrical installations for residential
 18 19 applications in excess of single=family residential
 18 20 applications.
 18 21    3.  All new electrical installations for single=family
 18 22 residential applications requiring new electrical service
 18 23 equipment.
 18 24    4.  Existing electrical installations observed during
 18 25 inspection which constitute an electrical hazard.  Existing
 18 26 installations shall not be deemed to constitute an electrical
 18 27 hazard if the wiring when originally installed was installed
 18 28 in accordance with the electrical code in force at the time of
 18 29 installation and has been maintained in that condition.
 18 30    Sec. 24.  NEW SECTION.  103.24  STATE INSPECTION ==
 18 31 INAPPLICABILITY IN CERTAIN POLITICAL SUBDIVISIONS ==
 18 32 ELECTRICAL INSPECTORS == CERTIFICATE OF QUALIFICATION.
 18 33    1.  No person other than the holder of an electrical
 18 34 inspector's certificate of qualification shall be appointed to
 18 35 act as an electrical inspector and to enforce this chapter as
 19  1 an electrical inspector and to enforce this chapter or any
 19  2 applicable resolution or ordinance within the inspector's
 19  3 jurisdiction.  The board shall establish by rule standards for
 19  4 the certification and decertification of state electrical
 19  5 inspectors, and certified electrical inspector continuing
 19  6 education requirements.
 19  7    2.  State inspection shall not apply within the
 19  8 jurisdiction of any political subdivision which, pursuant to
 19  9 section 103.29, provides by resolution or ordinance standards
 19 10 of electrical wiring and its installation that are not less
 19 11 than those prescribed by the board or by this chapter and
 19 12 which further provides by resolution or ordinance for the
 19 13 inspection of electrical installations within the limits of
 19 14 such subdivision by a certified electrical inspector.  A copy
 19 15 of the certificate of each electrical inspector shall be
 19 16 provided to the board by the political subdivision issuing the
 19 17 certificate.
 19 18    3.  State inspection shall not apply to routine
 19 19 maintenance.
 19 20    Sec. 25.  NEW SECTION.  103.25  REQUEST FOR INSPECTION ==
 19 21 FEES.
 19 22    At or before commencement of any installation required to
 19 23 be inspected by the board, the licensee or owner making such
 19 24 installation shall submit to the board a request for
 19 25 inspection.  The board shall prescribe the methods by which
 19 26 the request may be submitted, which may include electronic
 19 27 submission or through a form prescribed by the board that can
 19 28 be submitted either through the mail or by a fax transmission.
 19 29 The board shall also prescribe methods by which inspection
 19 30 fees can by paid, which may include electronic methods of
 19 31 payment.  If the board becomes aware that a person has failed
 19 32 to file a necessary request for inspection, the board shall
 19 33 send a written notification by certified mail that the request
 19 34 must by filed within fourteen days.  Any person filing a late
 19 35 request for inspection shall pay a delinquency fee in an
 20  1 amount to be determined by the board.  Failure to file a late
 20  2 request within fourteen days shall be subject to a civil
 20  3 penalty to be determined by the board by rule.
 20  4    Sec. 26.  NEW SECTION.  103.26  CONDEMNATION ==
 20  5 DISCONNECTION == OPPORTUNITY TO CORRECT NONCOMPLIANCE.
 20  6    If the inspector finds that any installation or portion of
 20  7 an installation is not in compliance with accepted standards
 20  8 of construction for safety to health and property, based upon
 20  9 minimum standards set forth in the local electrical code or
 20 10 the national electrical code adopted by the board pursuant to
 20 11 section 103.6, the inspector shall by written order condemn
 20 12 the installation or noncomplying portion or order service to
 20 13 such installation disconnected and shall send a copy of such
 20 14 order to the board and the electrical utility supplying power
 20 15 involved.  If the installation or the noncomplying portion is
 20 16 such as to seriously and proximately endanger human health or
 20 17 property, the order of the inspector when approved by the
 20 18 inspector's superior shall require immediate condemnation and
 20 19 disconnection by the applicant.  In all other cases, the order
 20 20 of the inspector shall establish a reasonable period of time
 20 21 for the installation to be brought into compliance with
 20 22 accepted standards of construction for safety to health and
 20 23 property prior to the effective date established in such order
 20 24 for condemnation or disconnection.
 20 25    Sec. 27.  NEW SECTION.  103.27  CONDEMNATION OR
 20 26 DISCONNECTION ORDER == SERVICE.
 20 27    1.  A copy of each condemnation or disconnection order
 20 28 shall be served personally or by regular mail upon the
 20 29 property owner at the property owner's last known address, the
 20 30 licensee making the installation, and such other persons as
 20 31 the board by rule may direct.
 20 32    2.  The electrical utility supplying power shall be served
 20 33 with a copy of any order which requires immediate
 20 34 disconnection or prohibits energizing an installation.
 20 35    Sec. 28.  NEW SECTION.  103.28  CERTIFICATE OF SAFE
 21  1 OPERATION == DISMISSAL OF CONDEMNATION OR DISCONNECTION ORDER.
 21  2    No electrical installation subject to inspection by the
 21  3 board shall be newly connected or reconnected for use until
 21  4 there is filed with the electrical utility supplying power a
 21  5 certificate of the property owner or licensed electrician
 21  6 directing the work that inspection has been requested and that
 21  7 the conditions of the installation are safe for energization.
 21  8 In all cases when an order of condemnation or disconnection
 21  9 has been issued against the installation or any part thereof,
 21 10 prior to connection or reconnection there shall also first be
 21 11 filed with the electrical utility supplying the power a copy
 21 12 of an order of the inspector or the board dismissing such
 21 13 prior order of condemnation or disconnection or approving the
 21 14 installation as being in compliance with accepted standards of
 21 15 construction for safety to human health and property, based
 21 16 upon minimum standards set forth in the national electrical
 21 17 code adopted by the board.  An electrical utility supplier may
 21 18 refuse service without liability for such refusal until such
 21 19 conditions have been met.  With respect to transient projects,
 21 20 the certificate shall also contain a certification that the
 21 21 request for inspection has been or will be filed with the
 21 22 board so as to be received by the board at least five days
 21 23 prior to the date and time energization of the installation by
 21 24 the utility is to occur, and that the request for inspection
 21 25 states such date and time, and it shall be the responsibility
 21 26 of the board to have inspection made of such transient project
 21 27 prior to the date and time at which the request states
 21 28 energization is to occur.
 21 29    Sec. 29.  NEW SECTION.  103.29  POLITICAL SUBDIVISION
 21 30 INSPECTIONS == AUTHORITY OF POLITICAL SUBDIVISION.
 21 31    1.  A political subdivision performing electrical
 21 32 inspections prior to December 31, 2006, shall continue to
 21 33 perform such inspections.  If the board finds that a political
 21 34 subdivision's inspections are not adequate, the board may
 21 35 revoke the political subdivision's authority to perform its
 22  1 own inspections.  A political subdivision not performing
 22  2 electrical inspections prior to December 31, 2006, may make
 22  3 provision for inspection of electrical installations within
 22  4 its jurisdiction, in which case it shall keep on file with the
 22  5 board copies of its current inspection ordinances or
 22  6 resolutions and electrical codes.
 22  7    2.  A political subdivision that performs electrical
 22  8 inspections may set appropriate permit fees to pay for such
 22  9 inspections.  A political subdivision shall not require any
 22 10 person holding a license from the board to pay any license fee
 22 11 or take any examination if the person holds a current license
 22 12 issued by the board which is of a classification equal to or
 22 13 greater than the classification needed to do the work
 22 14 proposed.  Any such political subdivision may provide a
 22 15 requirement that each person doing electrical work within the
 22 16 jurisdiction of such political subdivision have on file with
 22 17 the political subdivision a copy of the current license issued
 22 18 by the board or such other evidence of such license as may be
 22 19 provided by the board.
 22 20    Sec. 30.  NEW SECTION.  103.30  INSPECTIONS NOT REQUIRED.
 22 21    Nothing in this chapter shall be construed to require the
 22 22 work of employees of municipal corporations, railroads,
 22 23 electric membership or cooperative associations, public
 22 24 utility corporations, or telecommunications systems to be
 22 25 inspected while acting within the scope of their employment.
 22 26    Sec. 31.  NEW SECTION.  103.31  SUPPLIER OF ELECTRICAL
 22 27 SERVICE == LIABILITY.
 22 28    Upon inspection and approval by any certified inspector,
 22 29 all liability upon any supplier of electrical service for
 22 30 subsequent damage or loss arising from any installation shall
 22 31 be terminated, except for any acts of gross negligence by such
 22 32 supplier.
 22 33    Sec. 32.  NEW SECTION.  103.32  STATE INSPECTION
 22 34 PROCEDURES.
 22 35    1.  An inspection shall be made within three business days
 23  1 of the submission of a request for an inspection as provided
 23  2 in section 103.25.  When necessary, circuits may be energized
 23  3 by the authorized installer prior to inspection but the
 23  4 installation shall remain subject to condemnation and
 23  5 disconnection.
 23  6    2.  Where wiring is to be concealed, the inspector must be
 23  7 notified within a reasonable time to complete a rough=in
 23  8 inspection prior to concealment, exclusive of Saturdays,
 23  9 Sundays, and holidays.  If wiring is concealed before rough=in
 23 10 inspection without adequate notice having been given to the
 23 11 inspector, the person responsible for having enclosed the
 23 12 wiring shall be responsible for all costs resulting from
 23 13 uncovering and replacing the cover material.
 23 14    Sec. 33.  NEW SECTION.  103.33  STATE INSPECTION FEES.
 23 15    1.  All state electrical inspection fees shall be due and
 23 16 payable to the board at or before commencement of the
 23 17 installation and shall be forwarded with the request for
 23 18 inspection.  Inspection fees provided in this section shall
 23 19 not apply within the jurisdiction of any political subdivision
 23 20 if the political subdivision has adopted an ordinance or
 23 21 resolution pursuant to this chapter.
 23 22    2.  The board shall establish the fees for inspections in
 23 23 amounts not to exceed:
 23 24    a.  For each separate inspection of an installation,
 23 25 replacement, alteration, or repair, twenty=five dollars.
 23 26    b.  For services, change of services, temporary services,
 23 27 additions, alterations, or repairs on either primary or
 23 28 secondary services as follows:
 23 29    (1)  Zero to one hundred ampere capacity, twenty=five
 23 30 dollars plus five dollars per branch circuit or feeder.
 23 31    (2)  One hundred one to two hundred ampere capacity,
 23 32 thirty=five dollars plus five dollars per branch circuit or
 23 33 feeder.
 23 34    (3)  For each additional one hundred ampere capacity or
 23 35 fraction thereof, twenty dollars plus five dollars per branch
 24  1 circuit or feeder.
 24  2    c.  For field irrigation system inspections, sixty dollars
 24  3 for each unit inspected.
 24  4    d.  For the first reinspection required as a result of a
 24  5 correction order, fifty dollars; a second reinspection
 24  6 required as a result of noncompliance with the same correction
 24  7 order, seventy=five dollars; and subsequent reinspections
 24  8 associated with the same correction order, one hundred dollars
 24  9 for each reinspection.
 24 10    3.  When an inspection is requested by an owner, the
 24 11 minimum fee shall be thirty dollars plus five dollars per
 24 12 branch circuit or feeder.  The fee for fire and accident
 24 13 inspections shall be computed at the rate of forty=seven
 24 14 dollars per hour, and mileage and other expenses shall be
 24 15 reimbursed as provided by the office of the state fire
 24 16 marshal.
 24 17    4.  For installations requiring more than six months in the
 24 18 process of construction and in excess of three hundred dollars
 24 19 total inspection fees, the persons responsible for the
 24 20 installation may, after a minimum filing fee of one hundred
 24 21 dollars, pay a prorated fee for each month and submit it with
 24 22 an order for payment initiated by the electrical inspector.
 24 23    Sec. 34.  NEW SECTION.  103.34  CONDEMNATION OR
 24 24 DISCONNECTION ORDERS == APPEALS == DISPOSITION OF ORDERS
 24 25 PENDING APPEAL.
 24 26    1.  Any person aggrieved by a condemnation or disconnection
 24 27 order issued may appeal from the order by filing a written
 24 28 notice of appeal with the board within ten days after the date
 24 29 the order was served upon the owner or within ten days after
 24 30 the order was filed with the board, whichever is later.
 24 31    2.  Upon receipt of the notice of appeal from a
 24 32 condemnation or disconnection order because the electrical
 24 33 installation is proximately dangerous to health or property,
 24 34 the order appealed from shall not be stayed unless
 24 35 countermanded by the board.
 25  1    3.  Upon receipt of notice of appeal from a condemnation or
 25  2 disconnection order because the electrical installation is not
 25  3 in compliance with accepted standards of construction for
 25  4 safety to health and property, the order appealed from shall
 25  5 be stayed until final decision of the board and the board
 25  6 shall notify the property owner and the electrical contractor,
 25  7 class A master electrician, class B master electrician, fire
 25  8 alarm installer, or special electrician making the
 25  9 installation.  The power supplier shall also be notified in
 25 10 those instances in which the order has been served on such
 25 11 supplier.
 25 12    Sec. 35.  NEW SECTION.  103.35  APPEAL PROCEDURES.
 25 13    1.  Upon receipt of a notice of appeal, the chairperson or
 25 14 executive secretary of the board may designate a hearing
 25 15 officer from among the board members to hear the appeal or may
 25 16 set the matter for hearing before the full board at its next
 25 17 regular meeting.  A majority of the board shall make the
 25 18 decision.
 25 19    2.  Upon receiving the notice of appeal, the board shall
 25 20 notify all persons served with the order appealed from.  Such
 25 21 persons may join in the hearing and give testimony in their
 25 22 own behalf.  The board shall set the hearing date on a date
 25 23 not more than fourteen days after receipt of the notice of
 25 24 appeal unless otherwise agreed by the interested parties and
 25 25 the board.
 25 26    Sec. 36.  NEW SECTION.  103.36  SUSPENSION, REVOCATION, OR
 25 27 REPRIMAND.
 25 28    The board, by a simple majority vote of the entire board,
 25 29 may suspend for a period not exceeding two years, or revoke
 25 30 the certificate of licensure of, or reprimand any licensee who
 25 31 is found guilty of any of the following acts or offenses:
 25 32    1.  Fraud in procuring a certificate of licensure.
 25 33    2.  Professional incompetency.
 25 34    3.  Knowingly making misleading, deceptive, untrue, or
 25 35 fraudulent representations in the practice of the licensee's
 26  1 profession or engaging in unethical conduct or practice
 26  2 harmful to the public.  Proof of actual injury need not be
 26  3 established.
 26  4    4.  Habitual intoxication or addiction to the use of drugs.
 26  5    5.  Conviction of a felony under the laws of the United
 26  6 States, this state, any other state, territory, or possession
 26  7 of the United States, the District of Columbia, or any foreign
 26  8 country.  A copy of the record of conviction or plea of guilty
 26  9 is conclusive evidence of such conviction.
 26 10    6.  Revocation or suspension of licensure, or other
 26 11 disciplinary action by the licensing authority of another
 26 12 state, territory, or possession of the United States, the
 26 13 District of Columbia, or any foreign country.  A certified
 26 14 copy of the record or order of suspension, revocation, or
 26 15 other disciplinary action is prima facie evidence of such
 26 16 fact.
 26 17    7.  Fraud in representations as to skill or ability.
 26 18    8.  Use of untruthful or improbable statements in
 26 19 advertisements.
 26 20    9.  Willful or repeated violations of this chapter.
 26 21    Sec. 37.  NEW SECTION.  103.37  PROCEDURE.
 26 22    Proceedings for any action under section 103.36 shall be
 26 23 commenced by filing with the board written charges against the
 26 24 accused.  Upon the filing of charges, the board shall conduct
 26 25 an investigation into the charges.  The board shall designate
 26 26 a time and place for a hearing, and shall notify the accused
 26 27 of this action and furnish the accused a copy of all charges
 26 28 at least thirty days prior to the date of the hearing.  The
 26 29 accused has the right to appear personally or by counsel, to
 26 30 cross=examine witnesses, or to produce witnesses in defense.
 26 31    Sec. 38.  NEW SECTION.  103.38  INJUNCTION.
 26 32    Any person who is not legally authorized to practice in
 26 33 this state according to this chapter, who practices, or in
 26 34 connection with the person's name, uses any designation
 26 35 tending to imply or designate the person as authorized to
 27  1 practice in this state according to this chapter, may be
 27  2 restrained by permanent injunction.
 27  3    Sec. 39.  NEW SECTION.  103.39  CRIMINAL VIOLATIONS.
 27  4    A person who violates a permanent injunction issued
 27  5 pursuant to section 103.38 or presents or attempts to file as
 27  6 the person's own the certificate of licensure of another, or
 27  7 who gives false or forged evidence of any kind to the board in
 27  8 obtaining a certificate of licensure, or who falsely
 27  9 impersonates another practitioner of like or different name,
 27 10 or who uses or attempts to use a revoked certificate of
 27 11 licensure, is guilty of a fraudulent practice under chapter
 27 12 714.
 27 13    Sec. 40.  NEW SECTION.  103.40  CIVIL PENALTY.
 27 14    1.  In addition to any other penalties provided for in this
 27 15 chapter, the board may by order impose a civil penalty upon a
 27 16 person who is not licensed under this chapter and who does any
 27 17 of the following:
 27 18    a.  Is employed in a capacity in which the person engages
 27 19 in or offers to engage in the activities authorized pursuant
 27 20 to this chapter.
 27 21    b.  Uses or employs the words "electrical contractor" or
 27 22 "class A master electrician", "class B master electrician",
 27 23 "class A journeyman electrician", "class B journeyman
 27 24 electrician", or "life safety installer", or implies
 27 25 authorization to provide or offer those services, or otherwise
 27 26 uses or advertises any title, word, figure, sign, card,
 27 27 advertisement, or other symbol or description tending to
 27 28 convey the impression that the person is an "electrical
 27 29 contractor", "class A master electrician", "class B master
 27 30 electrician", "class A journeyman electrician", "class B
 27 31 journeyman electrician", or "life safety installer".
 27 32    c.  Gives false or forged evidence of any kind to the board
 27 33 or any member of the board in obtaining or attempting to
 27 34 obtain a certificate of licensure.
 27 35    d.  Falsely impersonates any individual licensed pursuant
 28  1 to this chapter.
 28  2    e.  Uses or attempts to use an expired, suspended, revoked,
 28  3 or nonexistent certificate of licensure.
 28  4    f.  Knowingly aids or abets an unlicensed person who
 28  5 engages in any activity identified in this subsection.
 28  6    2.  A civil penalty imposed shall not exceed one thousand
 28  7 dollars for each offense.  Each day of a continued violation
 28  8 constitutes a separate offense, except that offenses resulting
 28  9 from the same or common facts or circumstances shall be
 28 10 considered a single offense.
 28 11    3.  In determining the amount of a civil penalty to be
 28 12 imposed, the board may consider any of the following:
 28 13    a.  Whether the amount imposed will be a substantial
 28 14 economic deterrent to the violation.
 28 15    b.  The circumstances leading to the violation.
 28 16    c.  The severity of the violation and the risk of harm to
 28 17 the public.
 28 18    d.  The economic benefits gained by the violator as a
 28 19 result of noncompliance.
 28 20    e.  The interest of the public.
 28 21    4.  Before issuing an order under this section, the board
 28 22 shall provide the person written notice and the opportunity to
 28 23 request a hearing on the record.  The hearing must be
 28 24 requested within thirty days of the issuance of the notice and
 28 25 shall be conducted in the same manner as provided in section
 28 26 103.37.
 28 27    5.  The board, in connection with a proceeding under this
 28 28 section, may issue subpoenas to compel the attendance and
 28 29 testimony of witnesses and the disclosure of evidence, and may
 28 30 request the attorney general to bring an action to enforce the
 28 31 subpoena.
 28 32    6.  A person aggrieved by the imposition of a civil penalty
 28 33 under this section may seek judicial review in accordance with
 28 34 section 17A.19.
 28 35    7.  If a person fails to pay a civil penalty within thirty
 29  1 days after entry of an order under subsection 1, or if the
 29  2 order is stayed pending an appeal within ten days after the
 29  3 court enters a final judgment in favor of the board, the board
 29  4 shall notify the attorney general.  The attorney general may
 29  5 commence an action to recover the amount of the penalty,
 29  6 including reasonable attorney fees and costs.
 29  7    8.  An action to enforce an order under this section may be
 29  8 joined with an action for an injunction.
 29  9    Sec. 41.  EFFECTIVE DATES.   Sections 1 through 5, section
 29 10 6, subsections 1 and 6, and section 17, being deemed of
 29 11 immediate importance, take effect upon enactment.  Sections 23
 29 12 through 35 of this Act take effect January 1, 2008.  The
 29 13 remaining sections and subsections of this Act take effect
 29 14 January 1, 2007.
 29 15                           EXPLANATION
 29 16    This bill provides for a statewide system of licensure for
 29 17 electricians and life safety installers, provisions regarding
 29 18 electrical inspections, and specifies related licensing and
 29 19 inspection fees.  The new statewide licensure system
 29 20 supplements current licensure of electricians on a city=by=
 29 21 city basis, permitting electricians to practice on a
 29 22 statewide, as well as local, basis.
 29 23    The bill provides for the creation of a 10=member
 29 24 electrical examining board within the state fire marshal
 29 25 division of the department of public safety.
 29 26    The bill establishes several powers and duties relating to
 29 27 the activities of the board.  The board shall be authorized to
 29 28 adopt rules to administer the chapter, and in so doing shall
 29 29 be governed by the minimum standards set forth in the national
 29 30 electrical code issued and adopted by the national fire
 29 31 protection association.  The rules shall establish wiring
 29 32 standards that protect public safety and health and property
 29 33 and that apply to all electrical wiring installed pursuant to
 29 34 the chapter.  Additional powers and duties of the board
 29 35 include the ability to revoke, suspend, or refuse to renew any
 30  1 license under specified circumstances, to order disconnection
 30  2 of power to any electrical installation that is proximately
 30  3 dangerous to health and property, to remove electrical wiring
 30  4 and apparatus from premises when such wiring and apparatus is
 30  5 proximately dangerous to health and property, to investigate
 30  6 any death by electrocution that occurs within the state, to
 30  7 adopt rules for continuing education requirements, and to
 30  8 specify fee levels and collection procedures.
 30  9    The bill creates an electrician and installer licensing and
 30 10 inspection fund in the state treasury as a separate fund under
 30 11 the control of the board.  The bill provides that all
 30 12 licensing, registration, examination, renewal, and inspection
 30 13 fees deposited or paid into the fund are appropriated and made
 30 14 available to the board, and that the balance shall not revert
 30 15 to the general fund.
 30 16    The bill provides that in order to, for another, plan, lay
 30 17 out, or supervise the installation of electrical wiring,
 30 18 apparatus, or equipment for light, heat, or power, an
 30 19 individual must be licensed by the board as an electrical
 30 20 contractor, a class A master electrician, or a class B master
 30 21 electrician, as defined in the bill.  The bill provides that
 30 22 an applicant for an electrical contractor license shall be a
 30 23 licensed class A or class B master electrician, and be
 30 24 registered with the state of Iowa as a contractor.
 30 25    The bill provides that an applicant for a class A master
 30 26 electrician license shall have at least one year's experience,
 30 27 acceptable to the board, as a licensed class A or class B
 30 28 journeyman electrician, and obtain a score of at least 75
 30 29 percent on an examination prescribed and administered by the
 30 30 board.  An applicant who establishes that they have been
 30 31 working in the electrical business and involved in planning
 30 32 for, laying out, supervising, and installing electrical
 30 33 wiring, apparatus, or equipment for light, heat, and power
 30 34 prior to 1990 may be granted a class B master electrician
 30 35 license without being tested, valid unless a political
 31  1 subdivision establishes standards not permitting such work by
 31  2 a class B master electrician.  Additionally, the bill states
 31  3 that a person licensed to plan, lay out, or supervise the
 31  4 installation of electrical wiring, apparatus, or equipment for
 31  5 light, heat, power, and other purposes by a political
 31  6 subdivision preceding the applicable section of the bill's
 31  7 effective date pursuant to a supervised written examination
 31  8 and who is currently engaged in the electrical contracting
 31  9 industry, shall be issued an applicable corresponding
 31 10 statewide license corresponding, with the board adopting by
 31 11 rule criteria for political subdivision examination standards.
 31 12    The bill provides that a person shall not, for another,
 31 13 wire for or install electrical wiring, apparatus, or
 31 14 equipment, or supervise an apprentice electrician or
 31 15 unclassified person, unless licensed by the board as an
 31 16 electrical contractor, a class A master electrician, a class B
 31 17 master electrician, or a life safety installer, or is licensed
 31 18 as a class A or B journeyman electrician or life safety
 31 19 installer and employed by an electrical contractor, class A or
 31 20 B master electrician, or a life safety installer as defined in
 31 21 the bill.
 31 22    The bill provides that an applicant for a class A
 31 23 journeyman electrician license shall have successfully
 31 24 completed an apprenticeship training program and have obtained
 31 25 a score of at least 75 percent on an examination prescribed
 31 26 and administered by the board.  An applicant who can provide
 31 27 proof that they have been employed as a journeyman electrician
 31 28 since 1990 can be granted a class B journeyman electrician
 31 29 license without being tested subject to political subdivision
 31 30 restrictions similar to those applicable for class B master
 31 31 electricians.  The bill provides that a person licensed to
 31 32 wire for or install electrical wiring, electrical apparatus,
 31 33 or electrical equipment or supervise an apprentice electrician
 31 34 by a political subdivision preceding the applicable section of
 31 35 the bill's effective date pursuant to a supervised written
 32  1 examination, and who is currently engaged in the electrical
 32  2 contracting industry with at least four years' experience,
 32  3 shall be issued an applicable corresponding statewide license,
 32  4 with the board adopting rules for criteria for city
 32  5 examination standards.
 32  6    The bill provides for a special electrician license
 32  7 authorizing the licensee to engage in a limited class or
 32  8 classes of electrical work.  Additionally, the bill provides
 32  9 for the licensing of a life safety installer.  The bill
 32 10 provides that a person authorized to plan, lay out, or install
 32 11 electrical wiring, electrical apparatus, and electrical
 32 12 equipment for components of life safety systems that operate
 32 13 at 50 volts or less by a political subdivision on the
 32 14 applicable section of the bill's effective date shall be
 32 15 issued an applicable statewide license corresponding to that
 32 16 authorization, and that on or after the bill's effective date,
 32 17 a person licensed as a life safety installer to plan, lay out,
 32 18 and install electrical wiring, electrical apparatus, and
 32 19 electrical equipment for components of life safety systems
 32 20 shall have at least two years' experience, acceptable to the
 32 21 board, in planning, laying out, and installing life safety
 32 22 systems.  Additionally, the bill specifies that an applicant
 32 23 for a life safety installer license shall obtain a score of at
 32 24 least 75 percent on an examination prescribed and administered
 32 25 by the board.  The bill provides that a person licensed as a
 32 26 class A or class B master electrician, or a class A or class B
 32 27 journeyman electrician, who has not successfully passed the
 32 28 examination shall be authorized to install electrical wiring,
 32 29 apparatus, and equipment for components of life safety systems
 32 30 if their work is approved by a person who is licensed as a
 32 31 life safety installer.
 32 32    The bill additionally includes provisions pertaining to
 32 33 apprentice electricians and unclassified persons employed by
 32 34 licensees.  The bill provides that a person shall be licensed
 32 35 to work as an apprentice electrician while participating in an
 33  1 apprenticeship training program, and that a person is eligible
 33  2 as an apprentice electrician for only one apprenticeship,
 33  3 which shall be limited to six years from the date of licensure
 33  4 unless extended for hardship.  A person shall be licensed as
 33  5 an unclassified person to perform electrical work if the work
 33  6 is performed under the personal supervision of a person
 33  7 actually licensed to perform such work and the licensed and
 33  8 unclassified persons are employed by the same employer.  The
 33  9 bill provides that apprentice electricians and unclassified
 33 10 persons shall do no electrical wiring except under the direct
 33 11 personal on=the=job supervision and control in specified
 33 12 ratios in the immediate presence of a licensee pursuant to the
 33 13 bill.  The bill provides that an unlicensed unclassified
 33 14 person must obtain licensure as an unclassified person within
 33 15 100 days of employment.
 33 16    The bill specifies the types of licensing examinations and
 33 17 specifies examination frequencies and procedures.  The bill
 33 18 provides a criminal penalty of a simple misdemeanor for a
 33 19 board member who discloses listed confidential information
 33 20 relating to applicants and examinations.
 33 21    The bill provides that licenses pursuant to the bill's
 33 22 provisions shall expire every three years, and specifies
 33 23 examination, issuance, and renewal fees for the various
 33 24 classifications of licensure.  The bill also provides that to
 33 25 renew a license, the licensee shall be required to complete 18
 33 26 contact hours of continuing education courses approved by the
 33 27 board per three=year of licensure.  The contact hours shall
 33 28 include a minimum of six contact hours studying the national
 33 29 electrical code.
 33 30    The bill provides for the continuation of business by a
 33 31 licensee by a representative for a period of six months
 33 32 following the licensee's death, and provides for reciprocity
 33 33 and temporary licensure.  The bill contains a chapter
 33 34 inapplicability section, including inapplicability to a person
 33 35 licensed as an engineer or architect providing consultations
 34  1 and developing plans concerning electrical installations while
 34  2 exclusively engaged in the practice of their profession, and
 34  3 employees of specified entities while acting within the scope
 34  4 of their employment.  The bill provides that persons who hold
 34  5 a valid license issued by any political subdivision are not
 34  6 required to obtain state licensure, so long as they make
 34  7 electrical installations only in the jurisdictional limits of
 34  8 that political subdivision and the license issued by the
 34  9 political subdivision meets the requirements of the bill.
 34 10 Further, the bill's provisions shall not apply to vertical
 34 11 transportation or passenger conveyors, elevators, moving
 34 12 walks, dumbwaiters, stagelifts, manlifts, or appurtenances,
 34 13 shall not require a license of any person who engages any
 34 14 electrical appliance where approved electrical outlets are
 34 15 already installed, prohibit an owner of property from
 34 16 performing work on the owner's principal residence under
 34 17 specified circumstances, or require that any person be a
 34 18 member of a labor union in order to be licensed.
 34 19    The bill specifies inspection procedures and requirements
 34 20 applicable to all new electrical installations for commercial
 34 21 or industrial applications, including installations both
 34 22 inside and outside of buildings, and for public use buildings
 34 23 and facilities and any installation at the request of the
 34 24 owner, all new electrical installations for residential
 34 25 applications in excess of single=family residential
 34 26 applications, all new electrical installations for single=
 34 27 family residential applications requiring new electrical
 34 28 service equipment, and existing electrical installations
 34 29 observed during inspection which constitute an electrical
 34 30 hazard, with the caveat that existing installations shall not
 34 31 be deemed to constitute an electrical hazard if the wiring
 34 32 when originally installed was installed in accordance with the
 34 33 electrical code in force at the time of installation and has
 34 34 been maintained in that condition.
 34 35    The bill provides that state inspection shall not apply
 35  1 within the jurisdiction of any political subdivision which
 35  2 provides by resolution or ordinance standards of electrical
 35  3 wiring and its installation that are not less than those
 35  4 prescribed by the board or by the Code chapter established by
 35  5 the bill and which further provides by resolution or ordinance
 35  6 for the inspection of electrical installations within the
 35  7 limits of such subdivision by a certified electrical
 35  8 inspector.  The bill provides that only the holder of an
 35  9 electrical inspector's certificate of qualification shall be
 35 10 appointed to act as electrical inspector, and provides that
 35 11 the board shall establish by rule standards for the
 35 12 certification and decertification of state electrical
 35 13 inspectors, and certified electrical inspector continuing
 35 14 education requirements.
 35 15    The bill specifies procedures relating to a request for
 35 16 inspection at or before commencement of any installation
 35 17 required to be inspected, and provides penalties for the
 35 18 failure to do so.  The bill provides that if an inspector
 35 19 finds that any installation or portion of an installation is
 35 20 not in compliance with accepted standards of construction for
 35 21 safety to health and property, the inspector may issue written
 35 22 condemnation orders, or orders for disconnection, with the
 35 23 immediacy of such orders and opportunities to remedy the
 35 24 noncompliance varying with the extent to which the
 35 25 noncompliance is found to be a serious and proximate danger to
 35 26 human health and property.  The bill provides that before an
 35 27 electrical installation subject to inspection is either newly
 35 28 connected or reconnected, there must be filed with the
 35 29 electrical utility supplying power a certificate of the
 35 30 property owner or licensed electrician directing the work that
 35 31 inspection has been requested and that the conditions of the
 35 32 installation are safe for energization.  The bill provides
 35 33 that when an order of condemnation or disconnection has been
 35 34 issued, prior to connection or reconnection there shall first
 35 35 be filed with the electrical utility supplying the power a
 36  1 copy of an order of the inspector or the board dismissing the
 36  2 prior order.
 36  3    The bill provides that all political subdivisions
 36  4 performing electrical inspections prior to December 31, 2006,
 36  5 shall continue performing them; that if the board finds that a
 36  6 political subdivision's inspections are not adequate, the
 36  7 board may revoke the political subdivision's authority to
 36  8 perform its own inspections; and that a political subdivision
 36  9 not performing electrical inspections prior to December 31,
 36 10 2006, may make provision for inspection of electrical
 36 11 installations within its jurisdiction.  The bill provides that
 36 12 a political subdivision that performs electrical inspections
 36 13 may set appropriate permit fees, and that a political
 36 14 subdivision shall not require payment of any license fee or
 36 15 the taking of any examination if a person holds a current
 36 16 license issued by the board which is of a classification equal
 36 17 to or greater than the classification needed to do the work
 36 18 proposed.  However, a political subdivision may require the
 36 19 filing of a copy of the current license issued by the board or
 36 20 such other evidence of such license.
 36 21    The bill specifies instances where inspections shall not be
 36 22 required, specifies state inspection procedures, establishes
 36 23 inspection and reinspection fees, and provides that such fees
 36 24 shall not apply within the jurisdiction of any political
 36 25 subdivision if the has adopted an ordinance or resolution as
 36 26 previously explained regarding conducting its own inspections.
 36 27    The bill provides for an appeal process, and provides
 36 28 suspension, revocation, reprimand, and penalty provisions.
 36 29    Provisions of the bill relating primarily to definitions
 36 30 and the establishment of the electrician examining board take
 36 31 effect upon enactment.  Provisions relating primarily to
 36 32 establishing the various categories of licensure take effect
 36 33 January 1, 2007.  Provisions relating primarily to inspections
 36 34 take effect January 1, 2008.
 36 35 LSB 5777HC 81
 37  1 rn:nh/cf/24